introduction
Vietnam recently passed a revised Intellectual Property Law (the “Amended Intellectual Property Law”) and a new Artificial Intelligence Law (the “AI Law”) in December 2025, making significant legislative progress in regulating artificial intelligence (AI) and data use.
Until now, there were no similar exceptions applicable to AI-related data uses under Vietnam’s legal framework. The lack of relevant exceptions meant that companies engaging in such activities faced significant civil, administrative, and criminal liability risks.
Recent legislative changes are creating new pathways as well as compliance opportunities and obligations for organizations looking to digitize and use printed books for AI training. This article outlines these trends and practical strategies for companies operating in Vietnam.
Main provisions of the revised Intellectual Property Law and AI Law
1. Exceptions to AI training under the revised Intellectual Property Law (enforced on April 1, 2026)
- Article 7.5 of the revised Intellectual Property Law introduces new exceptions to copyright infringement, potentially allowing the use of legally published and publicly accessible copyrighted texts and data for scientific research, testing, and AI training purposes.
- This exception applies only if such use would not “unreasonably prejudice” the legal rights and interests of the copyright owner.
- However, this exception is subject to further government regulations that may be issued in the future.
2. Related requirements based on the AI Law (enforced on March 1, 2026)
The AI Law complements the revised Intellectual Property Law by imposing additional obligations and safeguards.
- Prohibited acts (Article 7.3): Organizations are prohibited from collecting, processing, or using data for the development, training, testing, or operation of AI systems in violation of intellectual property laws. All AI development activities must comply with new copyright exceptions and upcoming regulations.
- Inspection and audit requirements (Article 28): Organizations must maintain and provide technical documentation, audit logs, training data, and other relevant records to enable authorities to investigate potential violations and assign responsibility. Robust record-keeping is now a legal requirement.
Compliance strategies and recommendations
Given this situation, organizations are recommended to take the following steps to ensure compliance when digitizing books or training AI models in Vietnam:
- Maintain clear records of data acquisition and copyright status.
Document the source and copyright status of all materials used in AI training. Use only legally published and publicly accessible works to the extent permitted. - Implement comprehensive technical documentation and audit logs.
Create detailed technical and procedural records, including data provenance and usage logs, to demonstrate compliance during inspections and audits. - Comply with data protection and security laws.
Ensure that all disclosures and data processing comply with intellectual property and AI regulations, as well as national secrets, data security, and personal data protection rules. - Monitor regulatory updates and guidance.
Stay alert to the issuance of implementing regulations or official guidance that may clarify or narrow the scope of permitted activities. Be prepared to quickly update internal policies and workflows in response to new requirements.
conclusion
Vietnam’s legal reforms represent a positive change for AI and digital technology developers, providing clearer legal pathways for book digitization and AI training. However, whether the new exceptions actually apply will depend on future regulations and continued government guidance. Until the revised intellectual property laws are fully implemented and the details are clear, organizations should plan and adopt a measured approach, prioritizing documentation and transparency, and remaining alert to new compliance obligations. By doing so, companies can leverage the potential of AI technology while minimizing legal and reputational risks in Vietnam’s evolving regulatory environment. The revised Intellectual Property Law will come into effect from April 1, 2026. The detailed provisions of the revised Intellectual Property Law are currently being prepared and are expected to be promulgated in the coming months.
